CSRS & FERS Disability Retirement: Pre and Post

Issues revolving around the initial application stage, during the application stage, and after the approval, are often of equal importance.  This is because the approval of a Federal Disability Retirement application under FERS or CSRS will ensure the financial and economic survival and viability of the Federal or Postal employee.  Thus, in the pre-approval stage of the process, it is often good to engage in some future planning:  How hard will I fight for Social Security Disability?  Will I be getting a part-time job to supplement my income?  Where will I live?  During the process of obtaining disability retirement, there is the long wait, and the ability to remain financially afloat while receiving little or no financial support.  Post-approval, there are issues of the potential for receiving a Medical Questionnaire from the Office of Personnel Management.  Whether the current doctor will continue to be supportive, or will I move and need to find another doctor?  Because getting Federal disability retirement benefits is a life-long process, it is important to get sound legal advice from a competent attorney throughout the process — pre, during, and post process.

Sincerely,

Robert R. McGill, Esquire

Federal disability retirement: The sensitivity of each case

Every Federal and Postal employee has a unique historical background, especially with respect to his or her medical condition; how the medical condition was incurred; how the medical condition progressed, deteriorated, and degenerated one’s physical abilities, until that person came to a point where he or she could no longer perform the essential elements of one’s job. Each person has a unique story to tell, and indeed, some of the historical background is applicable.

The job of an attorney, however, is to focus the potential disability retirement applicant; extrapolate the relevant medical history; refashion the story that is being told; re-tell the story of the medical condition and the impact upon the essential elements of the person’s job — in other words, to be the voice of the disabled applicant, such that the story told is presented effectively to the Office of Personnel Management. Thus, when I am interviewing a potential client, I may sometimes seem to interject myself, or attempt to curtail the person’s narrative. It is not because I am rude or uncaring; it is because it is my job as an attorney to obtain the relevant facts and circumstances, in order to assist the individual.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Role of the Attorney

Obviously, as with all areas of law, the primary role of an attorney in representing a Federal disability retirement applicant (aside from the obvious role of obtaining the disability retirement annuity), is to render useful and effective advice in the representation of the Applicant’s submission before the Office of Personnel Management.

Often, however, in the process of performing such a role, engagement with the Federal or Postal employee’s Agency and supervisor is inevitable and necessary. The timing of such an engagement is crucial. Attorneys need to be careful that his or her representation is not only rendering good advice; further, it needs to be effective.

As hard as it is for an attorney to admit, sometimes it is better for a Federal Disability attorney to take a “back-seat” role, and quietly advise the client but allow the client to deal with the Agency. Indeed, an Agency will often begin to act irrationally, unnecessarily confrontationally, and further, complicate matters by involving their Agency counsel in the matter. In such a simple matter as informing the Agency that the employee is in the process of preparing a disability retirement application — sometimes it is better for the employee to bring it up with his or her supervisor, without the direct involvement of the attorney, especially if the Federal employee has a good working relationship with the Supervisor. Part of the job of the Attorney is to render good advice — and that sometimes means, taking a back seat.

Sincerely,

Robert R. McGill, Esquire